United States v. Keith D. Nelson

347 F.3d 701, 62 Fed. R. Serv. 1318, 2003 U.S. App. LEXIS 21360, 2003 WL 22399519
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 22, 2003
Docket02-1757_1
StatusPublished
Cited by45 cases

This text of 347 F.3d 701 (United States v. Keith D. Nelson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Keith D. Nelson, 347 F.3d 701, 62 Fed. R. Serv. 1318, 2003 U.S. App. LEXIS 21360, 2003 WL 22399519 (8th Cir. 2003).

Opinions

HANSEN, Circuit Judge.

After pleading guilty to the kidnap, rape, and murder of ten-year-old Pamela Butler, Keith Dwayne Nelson was sentenced to death. He raises numerous arguments on appeal, and, for the reasons stated below, we reject them and affirm the judgment of the district court.2

I.

On September 29, 1999, Nelson approached James Robinson in the parking lot of A-l Staffing, a temporary work service in Kansas City, Kansas, and asked Robinson if he wanted a job hauling cement out of a basement. Robinson responded that he did, and they left the A-l parking lot in a white Ford F-150 pickup truck that Nelson was driving. Nelson and Robinson had never met before. After arriving at the job site, Nelson told Robinson that he would like to kidnap a woman and take her away from the city to torture, rape, electrocute, kill, and bury her. Nelson also told Robinson that he wanted to do this because he was going back to prison for other charges and that he wanted to go back for something big. Although the statements bothered Robinson, he decided not to contact the police because he thought that Nelson must have been joking.

Just three days later Michanne Mattson was attacked outside of her apartment building. Mattson was driving home from a friend’s house in the early morning when she passed a white pickup truck parked alongside the road. After she passed the truck, it followed her for some distance into the parking lot of her apartment complex. She exited her vehicle and noticed that a man had exited the white truck. As she approached the door to her apartment building, the same man, whom she later identified as Nelson, confronted her on the sidewalk in a well lit area in front of her building. After a brief exchange, Mattson turned to go into the building, and Nelson rushed up behind her, grabbed her, and placed an eight-inch knife to her throat. He forced a handcuff onto Mattson’s left wrist and dragged her through the parking lot toward his vehicle, exclaiming that she [705]*705had better shut up and that he was going to kill her. Mattson continued to struggle, eventually escaping Nelson’s grasp and calling for help. Nelson ran back to his truck and drove away.

On October 12, 1999, Nelson told an acquaintance that he had spotted a young girl in the Kansas City, Kansas, area that he wanted to kidnap, rape, torture, and kill, and that now was the time to do it. Shortly thereafter, several individuals spotted Nelson in the area of 11th and Scott Streets in a white pickup truck. Contemporaneously, ten-year-old Pamela Butler was rollerblading in the street near her residence in the same area. Nelson parked his vehicle at the side of the street and lay in wait. As Pamela skated near the slightly ajar door of the truck, Nelson quickly jumped out of the truck, grabbed her around the waist, and threw her into the truck. Pamela’s sister, Penny, observed the kidnapping and saw her sister struggling with Nelson in the cab of the truck. Several witnesses also observed the kidnapping, one of whom gave chase in his own vehicle. Although Nelson eluded him, the witness was able to write down the license plate number of the truck-Missouri plate number 177-CE2. Several other eyewitnesses verified the truck license plate number.

Later that evening, the custodian of the Grain Valley Christian Church in Kansas City, Missouri, and his wife saw a suspicious white truck with Missouri ^license plate number 177-CE2 parked in the church lot. The custodian’s wife wrote down the plate number and noticed an afghan in the front seat of the truck. They contacted the police after seeing the kidnapping story on the ten o’clock news and informed them of the location of the truck. When the police arrived at the church, the truck was gone.

The truck was found abandoned the next day in Kansas City, Missouri. A police dog that had been provided with some of Pamela’s clothing was dispatched to Nelson’s mother’s house and alerted to an afghan found inside the residence. That same day a large manhunt for Nelson commenced. On October 14, a civilian employee of a police department spotted Nelson hiding under a bridge. After he was spotted, Nelson went into the river and attempted to get away. When he made it back to shore, he was surrounded by railroad workers who detained him until the authorities arrived. After the authorities arrived, an onlooker shouted, “where is the little girl?” Nelson turned to an officer and stated, “I know where she’s at, but I’m not saying right now.” His capture was broadcast live on television. The next day the police found Butler’s body in a wooded area behind the Grain Valley Christian Church. That discovery was broadcast on local television, and the United States Attorney held a live press conference from the discovery site. Subsequent investigation revealed that Pamela had been raped and then strangled to death with wire. The DNA in seminal fluid obtained from Pamela’s underpants matched Nelson’s DNA.

On October 21, 1999, a federal grand jury charged Nelson with (1) the kidnapping and unlawful interstate transportation of Butler for the purpose of sexual abuse which resulted in the death of the victim in violation of 18 U.S.C. § 1201(a)(1) and (g) and 18 U.S.C. § 3559(d) (1994); and (2) traveling across state lines with the intent to engage in a sex act with a female under the age of twelve which resulted in the death of the victim in violation of 18 U.S.C. §§ 2241(c), 2245, and 3559(d). Initially, Nelson entered a plea of not guilty. He then filed a motion for change of venue in January 2000. To test the venue, the court administered a thorough question[706]*706naire to 538 potential jurors to compile data concerning potential juror bias. Because of the thoroughness of the survey and the large sample size, the court needed extra time to compile and consider the data. While the court was analyzing the data, Nelson’s trial was continued several times. The court entered an order denying the motion for change of venue on March 9, 2001. At approximately the same time, Nelson’s trial was rescheduled to commence on October 29, 2001.

On October 25, 2001, Nelson pleaded guilty to count one of the indictment, and the district court, upon the government’s request and in accord with the plea agreement, dismissed count two of the indictment. Several days later, Nelson attempted suicide by ingesting a large amount of prescription medicine. He was treated at a local hospital, and the case then proceeded to the penalty phase of the trial in November 2001. The jury hearing the penalty phase returned a verdict that death should be imposed.

At sentencing, the district court offered the defendant the opportunity to address the court. Nelson, showing no remorse for what he had done, blistered the district court and the victim’s family with a profanity laden tirade.

II.

Nelson contends that the district court conducted a constitutionally deficient voir dire of the sentencing phase jury.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ball-Bey v. Chandler
E.D. Missouri, 2024
United States v. Nathan Nosley
62 F.4th 1120 (Eighth Circuit, 2023)
United States v. Paris Young
6 F.4th 804 (Eighth Circuit, 2021)
United States v. Hodge
Air Force Court of Criminal Appeals, 2015
United States v. Montgomery
10 F. Supp. 3d 801 (W.D. Tennessee, 2014)
State v. Addison
165 N.H. 381 (Supreme Court of New Hampshire, 2013)
United States v. Daryl Lawrence
735 F.3d 385 (Sixth Circuit, 2013)
Honken v. United States
42 F. Supp. 3d 937 (N.D. Iowa, 2013)
United States v. Robinson
903 F. Supp. 2d 766 (E.D. Missouri, 2012)
State v. Prince
250 P.3d 1145 (Arizona Supreme Court, 2011)
United States v. Montgomery
635 F.3d 1074 (Eighth Circuit, 2011)
United States v. Mitchell
752 F. Supp. 2d 1216 (D. Utah, 2010)
Williams v. Norris
612 F.3d 941 (Eighth Circuit, 2010)
Kneibert Clinic, LLC v. Smith
610 F.3d 1019 (Eighth Circuit, 2010)
United States v. Wilson
Second Circuit, 2010
United States v. Juan Lara
382 F. App'x 536 (Eighth Circuit, 2010)
United States v. Whitten
610 F.3d 168 (Second Circuit, 2010)
Storey v. Roper
603 F.3d 507 (Eighth Circuit, 2010)
Walter Storey v. Don Roper
Eighth Circuit, 2010

Cite This Page — Counsel Stack

Bluebook (online)
347 F.3d 701, 62 Fed. R. Serv. 1318, 2003 U.S. App. LEXIS 21360, 2003 WL 22399519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-keith-d-nelson-ca8-2003.